U.S. v. Waltower

Dist. Ct. did not err in sentencing defendant to 120-month term of incarceration on felon in possession of firearm charge, even though said sentence was based in part on Dist. Ct.'s consideration of drug-selling conduct for which defendant had been acquitted. Ct. of Appeals rejected defendant's claim that, for purposes of sentencing, consideration of conduct for which he had been acquitted is unconstitutional, and instead found that defendant's rights were not violated when govt. relitigated acquitted conduct at sentencing under lower burden of proof.